Bill Text: NY A08110 | 2023-2024 | General Assembly | Introduced
Bill Title: Sets rules and procedures for the admissibility of evidence created or processed by artificial intelligence.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced) 2024-01-03 - referred to codes [A08110 Detail]
Download: New_York-2023-A08110-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8110 2023-2024 Regular Sessions IN ASSEMBLY October 13, 2023 ___________ Introduced by M. of A. VANEL -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law and the civil practice law and rules, in relation to the admissibility of evidence created or processed by artificial intelligence The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The criminal procedure law is amended by adding a new 2 section 60.80 to read as follows: 3 § 60.80 Rules of evidence; admissibility of evidence created or proc- 4 essed by artificial intelligence. 5 1. Evidence created, in whole or in part, by artificial intelligence 6 shall not be received into evidence in a criminal proceeding unless the 7 evidence is substantially supported by independent and admissible 8 evidence and the proponent of the evidence establishes the reliability 9 and accuracy of the specific use of the artificial intelligence in 10 creating the evidence. 11 2. Evidence processed, in whole or in part, by artificial intelligence 12 shall not be received into evidence in a criminal proceeding unless the 13 proponent of the evidence establishes the reliability and accuracy of 14 the specific use of the artificial intelligence in processing the 15 evidence. 16 3. Evidence is created, in whole or in part, by artificial intelli- 17 gence where the artificial intelligence produces new information from 18 existing information not present in or reasonably deducible from the 19 existing information. 20 4. Evidence is processed, in whole or in part, by artificial intelli- 21 gence where the artificial intelligence produces a conclusion based off 22 of its analysis, interpretation, or transformation of existing informa- 23 tion where such conclusion is not reasonably deducible from the existing 24 information. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13089-01-3A. 8110 2 1 5. Evidence is not reasonably deducible from the existing information 2 where the reliability or accuracy of the information created or conclu- 3 sion drawn from the existing information would be substantially compro- 4 mised without the use of artificial intelligence as a result of the 5 complexity, uncertainty, or subtlety of the information. 6 6. Evidence is substantially supported by independent and admissible 7 evidence where: 8 (a) The independent evidence is separate from, and not derived from, 9 the artificial intelligence that generated the artificially created 10 evidence; 11 (b) The independent evidence is admissible under the existing rules of 12 evidence; 13 (c) The independent evidence bears a close and significant relation- 14 ship to the artificially created evidence in such a manner that it rein- 15 forces or corroborates the information created from the artificially 16 created evidence. 17 7. The reliability and accuracy of the specific use of the artificial 18 intelligence in creating or processing the evidence is sufficient where 19 the proponent of the evidence has a qualified expert testify and such 20 testimony is sufficient to prove that: 21 (a) The specific use of the artificial intelligence has been validated 22 through rigorous scientific or technical testing, demonstrating that it 23 consistently produces accurate and reliable results in varied environ- 24 ments; 25 (b) The artificial intelligence has been subjected to testing or 26 application in environments that are similar or analogous to the specif- 27 ic context in which it is being used in the proceeding and such testing 28 or application produced accurate and reliable results; 29 (c) The artificial intelligence has not been subjected to any vari- 30 ables that, based on scientific or technical testing of the system, have 31 a substantial probability of causing a materially inaccurate or unreli- 32 able result. In assessing the probability, the court shall consider the 33 weight of the artificially created evidence relative to other admitted 34 evidence. 35 8. Where expert testimony would include trade secrets, privileged 36 government information, or information about law enforcement techniques 37 that, if disclosed, would unduly compromise their ability to effectively 38 use their systems for their intended purpose, the court, in its 39 discretion, may impose appropriate measures to protect such information. 40 § 2. The civil practice law and rules is amended by adding a new 41 section 4551 to read as follows: 42 § 4551. Rules of evidence; admissibility of evidence created or proc- 43 essed by artificial intelligence. (a) Evidence created, in whole or in 44 part, by artificial intelligence may not be received into evidence in a 45 civil proceeding unless the evidence is substantially supported by inde- 46 pendent and admissible evidence and the proponent of the evidence estab- 47 lishes the reliability and accuracy of the specific use of the artifi- 48 cial intelligence in creating the evidence. 49 (b) Evidence processed, in whole or in part, by artificial intelli- 50 gence may not be received into evidence in a civil proceeding unless the 51 proponent of the evidence establishes the reliability and accuracy of 52 the specific use of the artificial intelligence in processing the 53 evidence. 54 (c) Evidence is created, in whole or in part, by artificial intelli- 55 gence where the artificial intelligence produces new information fromA. 8110 3 1 existing information not present in or reasonably deducible from the 2 existing information. 3 (d) Evidence is processed, in whole or in part, by artificial intelli- 4 gence where the artificial intelligence produces a conclusion based off 5 of its analysis, interpretation, or transformation of existing informa- 6 tion where such conclusion is not reasonably deducible from the existing 7 information. 8 (e) Evidence is not reasonably deducible from the existing information 9 where the reliability or accuracy of the information created or conclu- 10 sion drawn from the existing information would be substantially compro- 11 mised without the use of artificial intelligence as a result of the 12 complexity, uncertainty, or subtlety of the information. 13 (f) Evidence is substantially supported by independent and admissible 14 evidence where: 15 1. The independent evidence is separate from, and not derived from, 16 the artificial intelligence that generated the artificially created 17 evidence; 18 2. The independent evidence is admissible under the existing rules of 19 evidence; 20 3. The independent evidence bears a close and significant relationship 21 to the artificially created evidence in such a manner that it reinforces 22 or corroborates the information created from the artificially created 23 evidence. 24 (g) The reliability and accuracy of the specific use of the artificial 25 intelligence in creating or processing the evidence is sufficient where 26 the proponent of the evidence has a qualified expert testify and such 27 testimony is sufficient to prove that: 28 1. The specific use of the artificial intelligence has been validated 29 through rigorous scientific or technical testing, demonstrating that it 30 consistently produces accurate and reliable results in varied environ- 31 ments; 32 2. The artificial intelligence has been subjected to testing or appli- 33 cation in environments that are similar or analogous to the specific 34 context in which it is being used in the proceeding and such testing or 35 application produced accurate and reliable results; 36 3. The artificial intelligence has not been subjected to any variables 37 that, based on scientific or technical testing of the system, have a 38 substantial probability of causing a materially inaccurate or unreliable 39 result. In assessing the probability, the court shall consider the 40 weight of the artificially created evidence relative to other admitted 41 evidence. 42 (h) Where expert testimony would include trade secrets, privileged 43 government information, or information about law enforcement techniques 44 that, if disclosed, would unduly compromise their ability to effectively 45 use their systems for their intended purpose, the court, in its 46 discretion, may impose appropriate measures to protect such information. 47 § 3. This act shall take effect on the first of January next succeed- 48 ing the date on which it shall have become a law.
